DSpace Collection: Law & Literaturehttp://www.openstarts.units.it:80/dspace/handle/10077/6065
Law & LiteratureFri, 09 Dec 2016 13:37:30 GMT2016-12-09T13:37:30ZDSpace Collection: Law & Literaturehttp://www.openstarts.units.it:80/dspace/retrieve/17760/eut_logo_100_scritta.gifhttp://www.openstarts.units.it:80/dspace/handle/10077/6065
Прототип судит автора (случай из болгарской социалистической культуры)http://www.openstarts.units.it:80/dspace/handle/10077/6078
Title: Прототип судит автора (случай из болгарской социалистической культуры)
Authors: Tcharadova, Decka
Abstract: In 1956 the novel “Will” was published in Bulgaria, written by Mitko
Gorchivkin. It was modelled on Soviet novels such as those written
by N. Ostrovski and B. Polevoy – the main character of the Bulgarian
novel had a real prototype – a boy who had lost his legs during the
bombings in Sofia and by the strength of his will was able to learn to
write and draw.
The conformity with the doctrine of socialist realism – depiction
of “truth of life” and, accordingly, the creation of characters to serve
as models, guarantees the success. But, ironically, the principle of authenticity
played a nasty trick on the author: several years after the
publication the author was sued and had to give a part of his fee to his
prototype.
This is an example of the unexpected effect of: 1) the relationship
between life and literature in socialist realism and 2) the contradiction
between propaganda “idealism” motivating the wish for glorification
(the man himself looks for an author to depict his life) and material
interest.
Type: ArticoloSat, 01 Jan 2011 00:00:00 GMThttp://www.openstarts.units.it:80/dspace/handle/10077/60782011-01-01T00:00:00ZРеформулировки в тексте комментария к российскому законодательству в сфере интеллектуальной собственностиhttp://www.openstarts.units.it:80/dspace/handle/10077/6077
Title: Реформулировки в тексте комментария к российскому законодательству в сфере интеллектуальной собственности
Authors: Goletiani, Liana
Abstract: The changes taking place today in Russian legislation, with all its new
subtleties, raise the issue of making legal language comprehensible
to the ordinary citizen. Dealing with this question largely depends on
improvements in juridical procedures and making use of the best possible
linguistic resources. At the same time, there are some areas of legislation
where typically, on the one hand, there are profound changes
in the laws themselves while on the other hand, they are governed by
their relationship to this law. These areas include that of intellectual
property rights, which are codified in the Russian Federation’s Civil
Code, Chapter IV. The wording used in the chapter in question was used
as material for discussion regarding the clarity and comprehensibility
of legal texts. It was found that, in its legal formulations, this document
uses an excessive amount of new and borrowed terms, approximate and
ethical concepts, nominalizations and complex syntactic structures,
thus making it more difficult to make sense of the legislation.
In overcoming comprehension difficulties regarding new legislation
a key role is played by the practical commentary which accompanies
the law. Acting as a kind of text-broker, this commentary interprets
and clarifies the law, thereby fostering the successful understanding
of legal rights throughout the whole population. The commentary
examined in the current study offers guidelines regarding recommendations
for the application of provisions pursuant to Part IV of
the Russian Federation Civil Code, issued by the Russian Federation
Chamber of Commerce and Industry. This text is of linguistic interest
in terms of its structure, core content and discourse techniques which
aim to ensure that anything that cannot be understood by the layman is “filtered out”. The methods adopted in the comparative analysis of
the legal–normative text and the commentary were those employed
in other works analysing the reformulation of acts in different forms
and types of communication. The unit of analysis adopted was the
minimum commentary unit – the main component of any commentary
text. In the Guidelines the size of the unit may vary, extending over one
or more sentences or even paragraphs. It is made up of various combinations
of the following components: a reference to a commented-on
text, a direct quote from a legal text, a reformulated norm (with or
without indication) and the actual commentary itself, as well as metacommunicative
devices accompanying other components of the unit
which is being commented on. This article offers an analysis of some
of the most productive types of reformulating techniques found in the
Guidelines. These are principally: exemplification, renaming, syntactic
simplification and rearrangement, enumeration and precision.
Type: ArticoloSat, 01 Jan 2011 00:00:00 GMThttp://www.openstarts.units.it:80/dspace/handle/10077/60772011-01-01T00:00:00ZEine ganz andere Geschichte. Equity, Recht und Literaturhttp://www.openstarts.units.it:80/dspace/handle/10077/6074
Title: Eine ganz andere Geschichte. Equity, Recht und Literatur
Authors: Barberis, Mauro
Abstract: The recently published volume The Concept of Equity. An Interdisciplinary
Assessment (Universitätsverlag Winter, Heidelberg, 2007),
edited by Daniela Carpi, is a good example of the Law and literature
approach in the studies of English literature. However, this approach
calls for further assessment in three particular problem areas, which
this paper attempts to address. It first has to be pointed out, that literary
criticism is essentially foreign to the theory of law, even though some
parallels do exist, when both fields are viewed historically. The second
problem is the understanding of equity itself: it calls for differentiation
between external equity, which can be viewed as an alternative
to common law, and internal equity, which is an in independent factor
of fairness, even though external equity – as shown in the case of
English literature – often becomes internal in relation to the law. The
third topic is the possibility of a different story of equity: the one that
is not based on the opposition between good equity and bad law, but
confronts the concepts of bad equity the good law.
Type: ArticoloSat, 01 Jan 2011 00:00:00 GMThttp://www.openstarts.units.it:80/dspace/handle/10077/60742011-01-01T00:00:00ZMeša Selimović: Il derviscio e la mortehttp://www.openstarts.units.it:80/dspace/handle/10077/6072
Title: Meša Selimović: Il derviscio e la morte
Authors: Marvulli, Maria Cristina
Abstract: The novel Death and the Dervish (Derviš i smrt, 1966), written by Meša
Selimović (1910–1982), a “Yugoslav” writer from Tuzla (Bosnia), consists
of two parts: the first (the subject of our essay) speaks of the
futility of one man’s resistance against a repressive system (from the
1st to the 9th chapter), and the second talks about the change that takes
place within that man after he becomes a part of that very system
(from the 10th to the 16th chapter).
The main protagonist, Ahmed Nurudin, is the sheikh of a tekke, the
head of a small religious order in a town in Ottoman Bosnia. The dervish,
whose name means “light of the faith”, has deliberately removed
himself from the day-to-day activities of society. At forty, he is a settled
and respected member of the community, until pushed onto a new path
by successive shocks: the arrest of his brother and an encounter with
“Ishak“, a mysterious fugitive, who becomes the interlocutor in the
sheikh’s interior dialogues, after he hides him one night in the monastery.
These events lead dervish to question his previous certainties
and the meaning of “right” and justice, and they also bring him into
conflict with himself and the political authorities .
As Nurudin attempts to find out what has happened to his brother
and to intervene on his behalf, he is drawn into the “Kafkaesque” world
of the Turkish political and religious authorities: he visits the local kadi,
muselim and mufti, trying to effect his release, but each time he meets
with either indifference or threats. The sheikh’s faith in the Ottoman
system gradually weakens until finally he learns that his brother has
been executed. The dervish shows himself to be a profoundly troubled
man, a thinker rather than a doer, ill-equipped for the challenges he has to face. He struggles to find himself and maintain his integrity and
dignity in this hostile political landscape.
The novel also reflects Selimović’s personal experience of the loss
of his older brother, a battalion commander, who was executed without
trial by a partisan firing squad, in 1944. In Death and the Dervish the
author describes the conflict between ideology and life, which leads
the protagonist to feel morally on trial and to bring to trial the people
he encounters, acting now as the accused, now as a witness, now as
the judge.
Nurudin ends up becoming part of the political system himself:
ill-suited to that, he is resigned to his tragic fate. Each chapter of the
novel opens with a quotation from the Koran, the first and the last
being the same: “every man is always at a loss”.
Type: ArticoloSat, 01 Jan 2011 00:00:00 GMThttp://www.openstarts.units.it:80/dspace/handle/10077/60722011-01-01T00:00:00Z